Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Safety of dams - Classification of dams

138: Regional authority must require re-audit of dam classification that it refuses to approve

You could also call this:

“If the local government doesn't agree with how you've labelled your dam, they will make you get an expert to check it again.”

If you own a dam and a regional authority doesn’t agree with how you’ve classified it, they will tell you to get another expert to check it. This expert is called a recognised engineer. You need to do this within 15 working days, or by a later date if the regional authority allows it.

When you get the new classification checked, you need to give the regional authority two things: the new classification and a certificate from the recognised engineer. The certificate needs to meet certain requirements, which are explained in another part of the law.

The same rules that applied to your first classification will apply to this new one. If you don’t follow the regional authority’s instructions to get a new classification, you’re breaking the law.

If you break this law, you could be fined. If you’re an individual, you might have to pay up to $20,000. If you’re a company, you might have to pay up to $60,000.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307318.

Topics:
Environment and resources > Town planning
Housing and property > Home safety and repairs
Previous

137: Dam classification provided to regional authority by accredited dam owner deemed to have been approved, or

“A trusted dam owner can classify their dam without needing extra checks, and the local council will accept it right away.”

Next

139: Owner must review dam classification, or

“ The person who owns the dam must check if the dam's rating is still correct every few years and after making big changes to it. ”

Part 2 Building
Safety of dams: Classification of dams

138Regional authority must require re-audit of dam classification that it refuses to approve

  1. If a regional authority refuses to approve the classification given by an owner to a dam,—

  2. the regional authority must direct the owner to have the classification audited by a recognised engineer; and
    1. the owner must, within the time required by subsection (2), submit to the regional authority—
      1. a re-audited classification; and
        1. a certificate from the recognised engineer that meets the requirements in section 135(1)(b).

        2. The time required is—

        3. 15 working days after the date on which the regional authority refused to approve the classification; or
          1. any later date that the regional authority in any particular case may allow.

            1. Subsection (1) and section 136 apply, with all necessary modifications, to a re-audited classification.

            2. A person commits an offence if the person fails to comply with a regional authority's direction under subsection (1)(a).

            3. A person who commits an offence under this section is liable on conviction,—

            4. in the case of an individual, to a fine not exceeding $20,000:
              1. in the case of a body corporate, to a fine not exceeding $60,000.

                Notes
                • Section 138(5): replaced, on , by section 40 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).